Category: Procedural Safeguards

Regulation 926 is up for a vote on Thursday at the State Board of Education meeting. Dealing with IEPs and the Procedural Safeguards pamphlet parents or guardians receive prior to an IEP meeting, Regulation 926 actually attempts to water down the Procedural Safeguards. Attorney General Matt Denn is NOT happy about this.

Under state and federal law, it is mandatory for parents to get the Procedural Safeguards prior to an IEP meeting. The language in the pamphlet is very specific in defining the rights for a parent or guardian of a student with disabilities. Instead, the DOE wants to make sure it is “available” and gives a summary instead of parents actually receiving the legal document when a notice of an IEP meeting goes out.

Denn cites the concern that some parents or guardians may not have access to the internet or email. This isn’t the first time Denn has challenged the State Board of Education over IEP concerns. As the Chair of the IEP Task Force a couple years ago, Denn was adamant about making sure parents’ rights with IEP meetings were the central focus. This was one of the central tenants of the legislation that came out of the task force, Senate Bill 33.

I can’t understand why the State Board, as directed by the Delaware Department of Education continues to change what doesn’t need to be changed. When it comes to special education, they are silent over the lack of basic special education funding for students in Kindergarten to 3rd grade. Special Education has very strict laws in Delaware State Code and federal law under IDEA. But it almost seems like they purposely try to change the law any chance they get because they think they can. Last week, the State Board of Education was put on Sunset Review by the Delaware General Assembly members of the Joint Sunset Committee.